The Public Security Act (texte de la loi)

Security Act

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THE PUBLIC SECURITY BILL

(No XXXIII of 1999)

Explanatory Memorandum

The main object of this Bill is to include in one enactment a number of provisions deemed necessary in order to ensure that serious threats to public safety and public order are adequately controlled and appropriately punished.

The Bill creates new offences, with appropriate penalties, in relation to terrorism, riot, violent disorder, incitement to racial hatred or possession of firearm and interference with witnesses.

Provision is made to enable a Court before which a person is convicted for an offence in relation to a football match to order that he shall be excluded from attendance at future matches. This provision may also be extended to other sporting events.

The Bill also contains appropriate provisions to ensure the proper enforcement of the measures contained therein.

10 Dec. 1999 Dr N. Ramgoolam

Prime Minister

THE PUBLIC SECURITY BILL

(No XXXIII of 1999)

 

ARRANGEMENT OF CLAUSES

Clause

  1. Short title
  2. Interpretation
  3. Organisations engaging in terrorism
  4. Exclusion orders relating to sporting events
  5. Riot
  6. Being present at the scene of riot
  7. Violent disorder
  8. Incitement to stir up racial contempt
  9. Possession of a firearm with intent to cause fear or violence
  10. Going equipped to commit a crime
  11. Assistance to offenders
  12. Power to enter, search, seize and arrest
  13. Prosecution for offences
  14. Penalties
  15. Jurisdiction
  16. Regulations
  17. Criminal Code amended
  18. Criminal Procedure Act amended
  19. Firearms Act amended
  20. Police Act amended
  21. Commencement

 

A BILL

To make further and better provision for the preservation of public safety and public order, by the creation of new offences relating to terrorism, riot, violent disorder, incitement to racial contempt, possession of firearms and interference with witnesses, and by empowering the Court to exclude hooligans from football matches and the police to effectively enforce these measures for all matters incidental thereto

ENACTED by the Parliament of Mauritius, as follows -

  1. Short title

    This Act may be cited as the Public Security Act 1999.

  2. Interpretation

In this Act -

"Commissioner" means the Commissioner of Police;

"exclusion order" means an order made pursuant to section 4 (2);

"firearm" has the same meaning as in the Firearms Act;

"Minister" means the Minister to whom responsibility for the subject of internal affairs is assigned;

"proscribed organisation" means an association or combination of persons which is the subject of an Order made pursuant to section 3 (1);

"public safety or public order" includes -

  1. the securing of the safety of persons or property;
  2. the maintenance of services and supplies that are essential to the life of the community;
  3. the prevention and suppression of violence, intimidation, disorder and crime;
  4. the prevention and suppression of mutiny, rebellion and concerted defiance of and disobedience to, the law and lawful authority; and
  5. the upholding of the administration of justice;

 

"sporting event" means any football match, race meeting, regatta or athletic field game or other game, wherever held, to which the public has been convened or has, or is entitled or permitted, to have access, against payment or otherwise;

"terrorism" -

  1. means the use of violence for political ends;
  2. includes the use of violence for the purpose of putting the public or any section of the public in fear;

 

"vehicle" -

  1. means any vehicle designed or adapted for use on a road;
  2. includes any other means of conveyance.
  1. Organisations engaging in terrorism
  1. Where the Commissioner has reason to believe that an association or combination of persons is engaged in, or is likely to engage in, or is concerned with the promotion or encouragement of terrorism, he may, by Order, declare that association or combination of persons to be a proscribed organisation.
  2. Any person who -
    1. belongs, or professes to belong, to a proscribed organisation;
    2. solicits or invites support for a proscribed organisation;
    3. arranges or assists in the arrangement of, or addresses, a meeting of 3 or more persons which he knows, or has reasonable cause to suspect, is a meeting to -
    1. support a proscribed organisation; or
    2. further the activities of a proscribed organisation;
    1. in a public place -
    1. wears any item of dress; or
    2. wears, carries or displays any article or sign,

in such a way, or in such circumstances, as to arouse reasonable apprehension that he belongs to, or supports, a proscribed organisation;

    1. (i)gives, lends or otherwise makes available to any other person, whether for consideration or not, any money or other property; or

(ii) enters into or, is otherwise concerned in an arrangement whereby money or other property is, or is to be made, available to another person,

knowing, or having reasonable cause to suspect, that it will or may be applied or used to further the activities of a proscribed organisation;

(f) enters into or is otherwise concerned in, an arrangement whereby the retention, use or control, by or on behalf of another person, of any funds or property is facilitated knowing, or having reasonable cause to suspect, that the funds will or may be applied or used to further the activities of a proscribed organisation,

shall commit an offence.
  1. Any person who does an act referred to in subsection (2) in relation to an association or combination of persons, which is not a proscribed organisation but which he knows, or has reasonable cause to suspect, is engaged, or is likely to engage in, or is concerned with the promotion or encourgement of terrorism, shall commit an offence.
  2. Notwithstanding any other enactment, or any agreement, restricting the disclosure of information, any person who fails within a reasonable time, to disclose to a police officer, whether or not he has been so requested, any act or fact which -
    1. comes to his knowledge; and
    2. constitutes an offence under subsection (2) or (3),

shall commit an offence.

  1. Notwithstanding subsection 2(a), a person who belongs to a proscribed organisation shall not commit an offence under that paragraph by reason of his so belonging where he shows that he -
    1. becomes a member when it was not a proscribed organisation; and
    2. has not taken part in any of its activities while it was a proscribed organisation.

 

  1. Exclusion orders relating to sporting events
  1. A Court may make an exclusion order where the offence in respect of which a person has been convicted by it -
    1. involved the use of threat of violence by the person convicted towards another person or towards any property; and
    2. was committed while the person convicted was -
    1. proceeding to or coming from a football match; or
    2. attending or entering or leaving or trying to enter or leave, the premises where a football match was held or to be held.
  1. Where a person has been convicted of an offence referred to in subsection (1), the Court may, where it considers that it is desirable to do so as to prevent violence or disorder at, or in connection with football matches, make an order prohibiting that person from entering or attempting to enter, any premises at which a football match is scheduled to be played.
  2. (a)An exclusion order shall, subject to paragraph (b), have effect for such period as is specified in the order.
    1. The period referred to in paragraph (a) shall be not less than 3 months or, in the case of a person already subject to an exclusion order, not less than 3 months together with the unexpired period of the earlier order or, if there is more than one earlier order, of the most recent order.
  1. Any person who enters or attempts to enter, any premises in breach of an exclusion order shall commit an offence.
  2. The Minister may, by regulations, prescribe that this section shall have effect in relation to any other class of sporting events.

 

  1. Riot
  1. Where 10 or more persons, who are present together at any place, use or threaten to use unlawful violence for a common purpose and their conduct is such as may or is likely to -
    1. be prejudicial to public safety or public order; or
    2. cause a person of reasonable firmness to fear for his personal safety,

each of the persons using or threatening to use such violence shall commit an offence.

  1. Any person who solicits, incites, exhorts, instigates, persuades or encourages another person to commit an offence under subsection (1) shall commit an offence.
  2. Any person who is in any manner concerned with or involved in the planning, organising, monitoring or controlling of any act for the commission of an offence under subsection (1) shall commit an offence.

 

  1. Being present at the scene of riot

    Any person who without reasonable excuse is present at or near the scene of an offence under section 5 or fails as soon as is reasonably practicable to leave the scene shall commit an offence.

  2. Violent disorder
  1. Where 3 or more persons, who are present together at any place, use or threaten to use unlawful violence and their conduct is such as may, or is likely to -
    1. be prejudicial to public safety or public order; or
    2. cause a person of reasonable firmness to fear for his personal safety,

each of the persons using or threatening to use such violence shall commit an offence.

  1. Any person who solicits, incites, exhorts, instigates, persuades or encourages another person to commit an offence under subsection (1) shall commit an offence.
  2. Any person who is in any manner concerned with or involved in the planning, organising, monitoring or controlling of any act for the commission of an offence under subsection (1) shall commit an offence.

 

  1. Incitement to stir up racial contempt
  1. Any person who uses any words or engages in any conduct with intent to, and having a tendency to, stir up contempt or hatred against any person wholly or partly on the grounds of his race, caste, place of origin, colour or creed or against any section or part of any section of the public distinguished by race, caste, place of origin, colour or creed, shall commit an offence.
  2. Any person who, without lawful excuse or justification, is in possession of any article or any written or electronically recorded material containing any matter that has a tendency to stir up contempt or hatred against any person wholly or partly on the grounds of his race, caste, place of origin, colour or creed or against any section or part of any section of the public distinguished by race, caste, place of origin, colour or creed, shall commit an offence.
  3. It shall be a defence for the person charged with an offence under subsection (2) to show that he had no reasonable opportunity to inspect the article or material in his possession and that he did not suspect and had no reason to suspect that it contained any matter that had a tendency to stir up contempt or hatred against any person wholly or partly on the grounds of his race, caste, place of origin, colour or creed or against any section or part of any section of the public distinguished by race, caste, place of origin, colour or creed.

9. Possession of a firearm with intent to cause fear or violence

  1. Any person who without lawful excuse or justification is in possession of a firearm or imitation firearm with intention to use it to cause fear or violence to another person shall commit an offence.
  2. Any person who commits an offence under subsection (1) -

 

    1. shall, on a first conviction, be liable to penal servitude for a term of not less than 10 years;
    2. may, on a second or subsequent conviction, be liable to penal servitude for life.

 

  1. Going equipped to commit a crime

    Any person who, not being at his place of abode, has in his possession, without sufficient excuse or justification, any article for use or adapted for use in the course of or in connection with any larceny, swindling, embezzlement, counterfeiting or any offence under this Act shall commit an offence.

  2. Assistance to offenders

    Any person who, knowing or having reasonable cause to believe that another person has committed an offence under this Act, gives that other person any assistance with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of that person, shall commit an offence.

  3. Power to enter, search, seize and arrest
    1. Where, in a case of urgency, communication with a Magistrate for obtaining a warrant would cause delay that may be prejudicial to the maintenance of public safety or public order, a police officer not below the rank of Assistant Superintendent may, notwithstanding any other enactment, with the assistance of such other police officers as may be necessary -

 

    1. enter and search any premises or place, if he has reason to suspect that -

 

    1. an offence under this Act has been, is being or is likely to be, committed there; or
    2. there is on any such premises or in such a place evidence of the commission of an offence under this Act; or
    3. a person, whom he reasonably suspects has committed or is about to commit an offence under this Act, is or is likely to be present there;

 

    1. search any person found on any premises or place which he is empowered to enter and search under paragraph (a);
    2. stop, board and search any vessel, aircraft or vehicle if he has reason to suspect that there is in it evidence of the commission of an offence under this Act;
    3. seize, remove and secure anything which is, or contains or appears to him to be or to contain or to be likely to be or to contain, evidence of the commission of an offence under this Act;
    4. arrest and detain any person whom he reasonably suspects has committed, or is about to commit, an offence under this Act.

 

    1. A police officer may use such force as may be necessary for the exercise of the powers conferred by subsection (1).
    2. Any person who obstructs or molests a police officer acting in the exercise of his duties under this section shall commit an offence.

 

  1. Prosecution for offences
    1. No prosecution for an offence under this Act shall be instituted except by or with the consent of the Director of Public Prosecutions.
    2. Any person charged with an offence under this Act may be arrested, or a warrant for his arrest may be issued and executed, and he may be remanded in custody or on bail, notwithstanding that the consent of the Director of Public Prosecutions to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.
    3. (a) A Court may, on motion by or on behalf of the Director of Public Prosecutions, order that no person shall publish -

 

    1. the name, address or photograph of any witness in any case tried or about to be tried before it for any offence under this Act; or
    2. any evidence or any other matter likely to lead to the identification of the witness.

 

    1. Any person who contravenes an order made under paragraph (a) shall commit an offence.

 

    1. A Court may, on a request of the Director of Public Prosecutions made in the interest of public safety or public order, exclude from proceedings instituted for any offence under this Act any person other than the parties and their legal representatives.

 

  1. Penalties
    1. Any person who commits an offence against this Act shall, on conviction, be liable -

 

    1. in the case of an offence under section 4(4), 6, 10,11, 12(3) or 13(3) to imprisonment for a term not exceeding 2 years and to a fine not exceeding 10,000 rupees;
    2. in the case of an offence under section 7 or 8 to penal servitude for a term of not less than 3 years;
    3. in the case of an offence under section 3 or 5 to penal servitude for a term of not less than 5 years.

 

    1. The Court before which a person is convicted of an offence under this Act -
    1. shall, in addition to any penalty imposed by the Court, order any article, substance, device or material by means of which the offence was committed to be forfeited;
    2. may, in addition to any penalty imposed by the Court, order any vehicle or vessel used in the commission of the offence to be forfeited.

 

  1. Jurisdiction

Notwithstanding any other enactment, the Intermediate Court shall have -

    1. jurisdiction to impose any penalty provided, for an offence under this Act provided that the penalty for an offence does not exceed 20 years; and
    2. power to order sentences imposed under this Act to be served consecutively provided that the terms of such sentences shall not in the aggregate exceed 30 years.

 

  1. Regulations

    The Minister may, for the purposes of this Act, make such regulations as he thinks fit.

  2. Criminal Code amended
  1. The Criminal Code is amended -

 

    1. by repealing section 143;
    2. by inserting immediately after section 280 the following new section -

 

280A Interference with witnesses and potential witnesses

(1) It shall be an offence to counsel, persuade or intimidate or to attempt to persuade or intimidate or to offer any inducement to a witness for the purpose of influencing him to give false or misleading evidence or to abstain from giving evidence to a Court.

(2) It shall be an offence to counsel , persuade or intimidate or to attempt to persuade or intimidate or to offer any inducement to any person for the purpose of influencing him to give false or misleading information to a police officer investigating an offence.

(3) It shall be an offence to intimidate or attempt to intimidate or to offer any inducement to any person for the purpose of influencing him to abstain from giving information to a police officer investigating an offence.

(4) Any person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding 10,000 rupees, and to imprisonment for a term not exceeding 2 years.
  1. Criminal Procedure Act amended.

The Criminal Procedure Act is amended -

    1. by deleting section 155 and replacing it by the following section -

 

155. Derogation

Sections 150 to 153 shall not apply to a conviction for an offence under -

    1. sections 299 and 301A of the Criminal Code;
    2. the Public Security Act 1999;
    3. section 19 of the Firearms Act;

 

    1. in section 205 -
    1. by deleting the full stop at the end thereof and replacing it by a semi-colon;
    2. by adding the following paragraph -

 

    1. a prosecution under the Public Security Act 1999.
    2. Section 19 of the Firearms Act

 

  1. Firearms Act amended

The Firearms Act is amended in section 19 -

    1. by numbering the existing provision as subsection (1);
    2. in the new subsection (1), by deleting the words "and shall, on conviction, be liable to penal servitude";
    3. by adding immediately after subsection (1) the following new subsection -

 

    1. Any person who commits an offence under subsection (1) -
    1. shall, on a first conviction, be liable to penal servitude for a term of not less than 10 years;
    2. may, on a second or subsequent conviction, be liable to penal servitude for life.

 

  1. Police Act amended

The Police Act is amended in section 13A -

    1. by deleting the words "protected area" wherever they appear and replacing them by the words "protected place or area";
    2. in subsection (2), by deleting the word "area" wherever it appears and replacing it by the word "place or area";
    3. by adding immediately after subsection (6) the following new subsections -

 

(7) Any person who commits any act of destruction, damage, interference or impairment to a protected place or area shall commit an offence.

(8) Any person who is in any manner concerned with or involved in the planning, organising, monitoring or controlling of any act for the commission of an offence under subsection (7) shall commit an offence.
  1. Commencement

This Act shall come into operation on a date to be fixed by Proclamation.

 

AMENDMENTS

THE PUBLIC SECURITY BILL

(No. XXXIII of 1999)

Proposed Amendments to be moved at Committee Stage by Dr the Honourable Prime Minister and Minister of Defence and Home Affairs

The Clerk of the National Assembly presents his compliments to the Honourable Members and has the honour to inform them that Dr the Honourable Prime Minister and Minister of Defence and Home Affairs has given notice of the following amendments which he proposes to make at the Committee Stage of the above Bill -

(1) In clause 2, by deleting the definition of "proscribed organisation" and replacing it by the following definition -

"proscribed organisation" means an association or combination of persons which is the subject of an order made by the Judge in Chambers pursuant to section 3(1);

(2) In Clause 3, -

(a) by deleting sub-clause (1) and replacing it by the following sub-clause -

    1. (a) A Judge in Chambers may, on an ex parte application made by the Commissioner and establishing that the Commissioner has reasonable grounds to believe that an association or combination of persons is engaged in, or is likely to engage in, or is concerned with the promotion or encouragement of terrorism, make an order declaring that association or combination of persons to be a proscribed organisation and such order shall remain in force for such time as may be ordered by the Judge.
    1. An order made under paragraph (a) shall become effective for the purposes of this section upon notice of such an order being given by the Commissioner to the association or persons, as the case may be, and upon its publication in the Gazette.
    2. Any person aggrieved by an order made under paragraph (a) may, within 14 days of the notice becoming effective, by way of motion, apply to the Supreme Court for an order to quash, amend or vary or otherwise deal with the order of the Judge in Chambers.

(b) in sub-clause (4), by inserting immediately after the words "any person who" the words ", without reasonable excuse,".

(3) In clause 13, in sub-clause (2), by inserting immediately after the words "remanded in custody or" the word "released".

 16 December, 1999

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